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last clear chance :: legal definition


Last clear chance - n. a rule of law in determining responsibility for damages caused by negligence, which provides that if the plaintiff (the party suing for damages) is negligent, that will not matter if the defendant (the party being sued for damages caused by his/her negligence) could have still avoided the accident by reasonable care in the final moments (no matter how slight) before the accident. The theory is that although the plaintiff may have been negligent, his/her negligence no longer was the cause of the accident because the defendant could have prevented the accident. Most commonly applied to auto accidents, a typical case of last clear chance would be when one driver drifts over the center line, and this action was noted by an oncoming driver who proceeds without taking simple evasive action, crashes into the first driver and is thus liable for the injuries to the first driver who was over the line. In the few states which apply the strict "contributory negligence" rule which keeps a negligent plaintiff from recovering damages from a negligent defendant, "last clear chance" can save the careless plaintiff's lawsuit.

See also: comparative negligence contributory negligence negligence and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summons :: n. a document issued by the court at the time a la ... use service service of process writ
superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.

Popular Law Searches

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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - L

labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord
landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out).
landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant
landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant
landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale.
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft
last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors.
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will
latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard.
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law
law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case."